San Antonio Rideshare Accident Attorney
Experienced legal help after Uber & Lyft accidents in Texas
As Uber, Lyft, and other rideshare companies continue to grow in popularity, the risk of being injured in an accident with one of these vehicles has also increased. A widely cited study by Rice University and the University of Chicago reported that, since 2011, rideshare accidents have been associated with an overall increase in traffic-related deaths by about three percent.
If you were injured or if your loved one was killed in a rideshare accident, it is critical that you contact an experienced attorney right away. These accident claims are not like standard car accident cases —nor are they exactly like other types of commercial vehicle accident cases, like those involving trucks or buses. You need an attorney who understands the nuances involved in Uber and Lyft accident cases, as well as one who has a proven record of success in advocating for injured victims and the families of those killed in rideshare accidents.
At the Law Offices of Pat Maloney, we have helped countless clients get back on their feet after serious Uber and Lyft accidents. A San Antonio rideshare accident attorney form our firm knows how to navigate the complexities of your situation and fights for the maximum recovery you are owed. We have secured millions of dollars for our clients and have a 99% success rate in the cases we handle.
How can a San Antonio Uber or Lyft accident lawyer help?
Navigating the aftermath of a rideshare accident is complicated and can be overwhelming when you are also trying to make sure you receive proper medical care and manage your daily expenses while out of work. At the Law Offices of Pat Maloney, we will handle every legal detail so you can focus on your physical recovery and emotional well-being.
We bring our 70 years of legal experience to every single case we handle. When you turn to our legal team, you can expect to receive personal, one-on-one attention and dedicated representation from start to finish. Working with us means working with the San Antonio rideshare injury attorney you know and trust.
Can you sue Uber or Lyft after an accident?
One of the things that make rideshare accidents so complex is the issue of liability. Under Texas’s fault system, someone who is injured in a typical motor vehicle accident can bring a claim against the other driver by proving that the other driver was negligent, reckless, or otherwise breached the duty of care all motorists owe to others on the road.
When a motorist is injured by a commercial vehicle operator, they can often bring a claim against the commercial driver’s employer under various legal theories, including respondeat superior, which states that employers are generally responsible for their employees’ behavior. However, Uber and Lyft do not classify their drivers as employees. Instead, they classify them as independent contractors, thereby shielding themselves from liability in many circumstances.
This does not mean that you cannot sue Uber or Lyft after an accident. In fact, depending on the specifics of your situation, your damages may be covered under the rideshare company’s insurance policy. However, in other circumstances, you may not be covered and may need to pursue alternative methods of compensation.
You may need to bring a claim against the driver’s private auto insurance provider before suing Lyft, or you may need to prove that you are covered under the specific language of Uber’s insurance policy. You may even need to bring a claim against a third party, such as another motorist or a product manufacturer, which acted negligently or wrongfully.
A San Antonio Uber and Lyft accident attorney can walk you through your options and help you understand your rights. When investigating rideshare accident claims, we work tirelessly and leave no stone unturned in our efforts to maximize our clients’ recoveries.
Do Uber and Lyft offer compensation after an accident?
Both Uber and Lyft offer insurance coverage for those injured in accidents caused by their drivers. This coverage could be available to you if you were injured as a rideshare passenger, the occupant of another vehicle, or even a pedestrian or bicyclist. However, you are only entitled to compensation under Uber or Lyft’s insurance if the accident meets certain conditions. Specifically, the accident must have occurred during one of the rideshare company’s covered “driving periods.”
Uber and Lyft recognize the following driving periods:
- Period 0: The rideshare driver does not have the app turned on/is not operating his or her vehicle for the benefit of the rideshare company.
- Period 1: The rideshare driver has the app turned on and is looking for a ride but has not yet accepted a ride from a passenger.
- Period 2: The rideshare driver has the app turned on and has accepted a ride, but the passenger is not yet in the vehicle.
- Period 3: The rideshare driver has the app turned on, has accepted a ride, and has the passenger in his or her vehicle.
During Period 0, neither Uber nor Lyft recognizes any liability. If you were injured by a rideshare driver who was not actively working for his or her respective rideshare company at the time of the collision, you can file a standard car accident claim, but you are not covered by the rideshare company.
During Period 1, Uber and Lyft offer the following coverage:
- $50,000 in bodily injury/death per person
- $100,000 in bodily injury/death per accident
- $25,000 in property damage per accident
During Periods 2 and 3, Uber and Lyft offer up to $1 million in total coverage. So, if you were injured by a negligent Uber driver who had not accepted a ride yet, you could be able to recover up to the above-outlined policy limits. If you were injured as a Lyft passenger or by a rideshare driver who was distracted while looking for a passenger, you could be able to recover up to the $1 million limit.
What are the most common injuries for Uber and Lyft passengers?
Traumatic brain injury, spinal cord injury, broken ribs – all of these are potential injuries for Uber and Lyft passengers. So, too, are broken bones, organ damage, and other trauma that can cause permanent scarring and disfigurement.
The typical Uber or Lyft passenger will sit in the back seat of the car. The impact of the collision – depending on what kind of collision it is – can affect backseat passengers differently than it affects those in the front. For example, a 2019 report by the Insurance Institute for Highway Safety (IIHS) founds that backseat passengers may be at greater risk of fatal injury in a head-on collision than drivers or front-seat passengers (assuming everyone is wearing a seat belt). CBS news reports:
Crash tests show up-front, belts automatically tighten while front and side airbags deploy, keeping people away from the steering wheel and dashboard. Those belts also have force-limiters to reduce the risk of chest injuries.
But in the back, there are no front airbags and seat belts lack those potentially life saving features, making it possible for passengers to collide with parts of the vehicle interior. The safety group wants carmakers to make the backseat as safe as the front….
IIHS looked at 117 front-end crashes where the backseat passenger was injured or killed but wearing a seat belt, and the most common injury was to the chest. Most of the 37 fatalities were in crashes that were considered survivable. Head injuries were found in nine injured backseat passengers and 18 fatalities.
It is worth noting, too, that passengers may be more susceptible to certain injuries based on the year of the driver’s vehicle. Safety features like side airbags may not be available in all cars, for example. Under their current guidelines, Uber requires that drivers’ vehicles be no more than 16 years old, and Lyft requires that drivers’ vehicles be no older than a 2009 model.
Do you have a rideshare accident attorney near me?
The Law Offices of Pat Maloney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.
Contact a strategic San Antonio Uber & Lyft accident lawyer today
Have you been involved in a rideshare accident as a passenger or driver? If so, it's important to take immediate action to protect your legal rights and ensure you receive fair compensation for any injuries or damages you may have suffered.
At the Law Offices of Pat Maloney, we specialize in representing victims of rideshare accidents, and we're here to help you get the justice you deserve. Our team will work tirelessly to investigate your case, negotiate with insurance companies, and pursue legal action if necessary.
Don't wait to act after a rideshare accident. Call us or fill out our contact form to get started with a free, no-obligation consultation. We'll fight tirelessly to ensure that you receive fair compensation for any medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
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